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  1. #1
    Join Date
    Aug 2005

    Default Access to Trust Fund through Emancipation

    Could someone please help me with all my questions?! I'm almost completely clueless.

    When I turn 16, I want to be emancipated. I live in Maine, so if I were to get emancipated, could I just move back to Florida and buy a place down there or something? Or can you not legally buy an apartment or anything without the parents like co-signing the paperwork? I mean, I do have the money to move down there. I have a trust fund, but that's not legally mine until I'm 18. If I got emancipated, would it still 18? Or 16 when/if I get emancipated?

    I pretty much have it planned out. I'd move to Florida, finish the rest of sophmore year, junior and senior years at a high school down there. And buy a place to live down there, if that's possible at my age, and get a job there.

  2. #2
    Join Date
    Mar 2005

    Default Emancipation in Maine

    Maine's emancipation law provides:
    Quote Quoting Maine Juvenile Code, Title 15 ยง3506-A. Emancipation
    1. Petition for emancipation. If a juvenile is 16 years of age or older and refuses to live in the home provided by his parents, guardian or custodian, he may request the District Court in the division in which his parents, guardian or custodian resides to appoint counsel for him to petition for emancipation.

    2. Contents of petition. The petition shall state plainly:

    A. The facts which bring the juvenile within the court's jurisdiction and which form the basis for the petition;

    B. The name, date of birth, sex and residence of the juvenile; and

    C. The name and residence of his parent or parents, guardian or custodian.

    2-A. Mediation. Upon the filing of a petition and prior to a hearing under this section, the court may refer the parties to mediation. Any agreement reached by the parties through mediation on any issues shall be stated in writing, signed by the parties and presented to the court for approval as a court order.

    3. Hearing. On the filing of a petition, the court shall schedule a hearing and shall notify the parent or parents, guardian or custodian of the date of the hearing, the legal consequences of an order of emancipation, the right to be represented by legal counsel and the right to present evidence at the hearing. Notice shall be given in the manner provided in the Maine Rules of Civil Procedure, Rule 4, for service of process.

    4. Order of emancipation. The court shall order emancipation of the juvenile if it determines that:

    A. The juvenile has made reasonable provision for his room, board, health care and education, vocational training or employment; and

    B. The juvenile is sufficiently mature to assume responsibility for his own care and it is in his best interest to do so.

    5. Denial of petition. If the court determines that the criteria established in subsection 4 are not met, the court shall deny the petition and may recommend that the Department of Health and Human Services provide continuing services and counseling to the family.

    6. Appeal. Any person named in the petition who is aggrieved by the order of the court may appeal to the Superior Court.

    7. Public proceeding; exception. Notwithstanding section 3307, subsection 2, paragraph B, the court shall not exclude the public unless the minor or the minor's parent or parents, guardian or custodian, requests that the public be excluded and the minor or the minor's parent or parents, guardian or custodian, does not object. If the public is excluded, only the parties, their attorneys, court officers and witnesses may be present.
    While other states should recognize the validity of a Maine emancipation order, they may differ in how many adult rights they extend to an emancipated juvenile.

    Trying to obtain a loan against a trust fund can be difficult or even impossible, depending upon how the trust is structured. Also, some lenders may choose not to lend money to a juvenile, even if the juvenile is emancipated.

    Your access to the trust fund would be dictated by the terms of the trust. If the trust sets forth 18 as a hard and fast age for you to get access, emancipation won't change its terms.

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